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O.S No. 1240/2019

Case between Prasanna Rajendran vs Rajendra Babu P regarding recovery of money

Court
COURT OF THE PRINCIPAL MUNSIFF, ERNAKULAM
Judge
Sri. Rohit Nandakumar
Order Date
2024-10-05
Duration
approximately-6 years 4 months
Case Closed
Sat, 10/05/2024 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

Prasanna Rajendran filed a suit against Rajendra Babu P for the recovery of ₹8,75,000, alleging that the defendant borrowed money and issued a cheque that was dishonoured due to insufficient funds. The defendant denied any borrowing and claimed the cheque was misused.

Judgment Outcome

Defendant Won
Interim Order
The court found that the plaintiff did not establish her case for recovery of money against the defendant. The suit was dismissed, and both parties were directed to bear their own costs.
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court found that the plaintiff did not establish her case for recovery of money against the defendant. The suit was dismissed, and both parties were directed to bear their own costs.
Key Reasoning:
The plaintiff failed to prove the case and inconsistencies in evidence raised doubts about the loan being made.
Why Defendant Won:
The plaintiff failed to prove the case and inconsistencies in evidence raised doubts about the loan being made.
Supporting Evidence
The evidence tendered by the PW1 was unbelievable and led to a situation wherein there is nothing to prove the plaint averments on record in a manner in which it can be proved even on the basis of the preponderance of probabilities.

Judgment Evidence:

In the result, the suit is dismissed. Parties are directed to suffer their respective costs.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Prasanna Rajendran
Party Age
58
Relation
W/o
Party Role
Plaintiff
Party Name
K. Rajendran
Party Age
66
Relation
Husband
Party Role
Defendant
Party Name
Rajendra Babu P
Party Age
55
Relation
S/o
Plaintiffs Documents
Power of Attorney, cheque for Rs. 8,75,000, cheque dishonour memo, legal notice, postal receipt
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Ashok B Shenoy
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
P. N Rajagopalan Nair
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Abhilash O.U
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
K.V George
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
P. S Gireesh
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Riyal Devassy
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Jeemon P Abraham
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
N. Ashok Kumar
Appearance Type
Main Counsel

Reliefs

Relief Type: Recovery
Outcome: Rejected
Description:
The plaintiff sought recovery of ₹8,75,000 with interest.
Evidence:
I am of the opinion that the plaintiff has not succeeded in establishing her case and that the plaintiff is not entitled to any relief in her favour.

Documents & Evidence

Document Type: Power of Attorney
Submitted By: Plaintiff
Relevance:
This document authorizes the husband of the plaintiff to depose in favour of the plaintiff in the case.
Reference:
Ext.A1
Document Type: Cheque
Submitted By: Plaintiff
Relevance:
This is the cheque allegedly issued by the defendant to the plaintiff for repayment.
Reference:
Ext.A2
Document Type: Cheque Return Memo
Submitted By: Plaintiff
Relevance:
This memo indicates that the cheque was dishonoured due to insufficient funds.
Reference:
Ext.A3
Document Type: Legal Notice
Submitted By: Plaintiff
Relevance:
This notice was sent to the defendant informing about the dishonour of the cheque.
Reference:
Ext.A4
Document Type: Postal receipt
Submitted By: Plaintiff
Relevance:
This is the receipt for the issuance of the lawyer notice to the defendant.
Reference:
Ext.A4(a)

Case Classification

Case Type
Civil Suit
Category
Money and Loan Recovery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Recovery of money
Case Code
Case between Prasanna Rajendran vs Rajendra Babu P regarding recovery of money
Case Code Year
Case between Prasanna Rajendran vs Rajendra Babu P regarding recovery of money

Case Flags

Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Sat, 10/05/2019 - 12:00
Case Closed
Sat, 10/05/2024 - 12:00
From
Tue, 10/01/2024 - 12:00
To
Thu, 10/31/2024 - 12:00
Outcome Confidence
80%

Involved Entities

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